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Income Tax - Supreme Court - Case Laws

Showing 3321 to 3340 of 3381 Records

  • 1954 (10) TMI 11

    Whether there is any evidence before the Tribunal to support the conclusion that the main purpose of the transactions was the avoidance of excess profits tax ? - Whether on the facts admitted or proved the share of income of Dr. Surmukh Singh in the firm of Ram Singh & Co., can be legally included along with the share of income of Ram Singh and Gurdayal Singh ? - Whether on the facts and circumstances of the case the leasing of machinery, etc....... + More

  • 1954 (10) TMI 10

    Petition under Article 32 of the Constitution of India for the enforcement of fundamental rights under Articles 31(1) and 19(1)(f) of the Constitution filed - Held that - From the facts stated above it is plain that the proceedings taken under the impugned Act XXX of 1947 concluded so far as the Investigation Commission is concerned in September, 1952, more than two years before this petition was presented in this Court. The assessment orders und....... + More

  • 1954 (10) TMI 9

    Whether the Excess Profits Tax Officer was justified in splitting up the standard period as he did in order to arrive at the standard profits of the assessee? - Whether the business profits of the assessee had to be determined first under Section 10 of the Income-tax Act? - Whether the assessee was a resident or non-resident under Section 4A of the Act was to be considered after the determination of those profits? - Held that - The Excess Profits....... + More

  • 1954 (10) TMI 8

    Whether on the facts and circumstances of the case the assessee was doing business in shares in the account year? - Whether there is any material on record on the basis of which it could be held that the assessee was doing the business in shares in the account year? - Held that - both the Tribunal and the High Court were in error in the view that no issue of law arose in the case and that the Tribunal could not be called upon to state a case and ....... + More

  • 1954 (10) TMI 7

    ... ...
    ... ... ntarily entered into by him with the Central Government and such a settlement cannot be questioned by preferring a petition under Article 32 of the Constitution. The result is that this petition fails and is dismissed with costs. Petition dismissed.

  • 1954 (10) TMI 6

    Petition under Article 32 of the Constitution of India filed - Held that - Petition is wholly misconceived. Whatever tax the petitioner has already paid, or whatever is still recoverable from him, is being recovered on the basis of the settlement proposed by him and accepted by the Central Government. Because of his request for a settlement no assessment was made against him by following the whole of the procedure of the Income-tax Act In this si....... + More

  • 1954 (10) TMI 5

    Whether Section 5(1) of Act XXX of 1947 infringes Article 14 of the Constitution inasmuch as it is not based on a rational classification ? - Whether, after the coming into force of the Indian Income-tax (Amendment) Act, 1954, which operates on the same field as Section 5(1) of Act XXX of 1947, the provisions of Section 5(1) of Act XXX of 1947, assuming they were based on a rational classification, have not become void and unenforceable, as being....... + More

  • 1954 (10) TMI 4

    ... ...
    ... ... al No. 217 of 1953 this appeal is also allowed, the decision of the Tribunal set aside and the case remanded to the Tribunal with similar directions as given in Appeal No. 217 of 1953. Costs of this appeal will also abide the result. Appeal allowed.

  • 1954 (10) TMI 3

    Whether the revised assessments for the chargeable accounting periods 1941, 1942 and 1943 are liable to be cancelled an the ground that the Excess Profits Tax Officer erred in invoking the provisions of section 15 of the Excess Profits Tax Act? - Held that - Having regard to the nature and scope of the provisions of the Excess Profits Tax Act and in particular section 26 (3), we are of opinion that the word discovers in section 15 of the Act is o....... + More

  • 1954 (10) TMI 2

    Whether 60% of the dividend amounting to ₹ 2,750 received by the assessee from the two tea companies is agricultural income and as such exempt under section 4(3) (viii) of the Act? - Held that - It is true that the agricultural process renders 60% of the profits from land which is used for agricultural purposes exempt from tax in the hands of the company but can it be said that when such company decides to distribute its profits to the shar....... + More

  • 1954 (10) TMI 1

    Whether the profits on the sale of goods to the Government of India accrued or arose in British India? - Whether the profits on the sale of goods through the company s paid employees in British India accrued or arose in British India? - Held that - The High Court was in error in giving the directions it did to the Tribunal. It moreover abjured its advisory function and asked the Tribunal not to submit to it any further statement of the case but t....... + More

  • 1954 (5) TMI 2

    Whether in the circumstances of the case the managing agency commission was liable to be apportioned between the Sassoons and their respective transferees in the proportion of the services rendered as managing agents by each one of them? - Held that - The whole difficulty has arisen because the High Court could not reconcile itself to the situation that the transferees had not worked for the whole calendar year and yet they would be held entitled....... + More

  • 1954 (5) TMI 1

    Whether certain sections of the Taxation on Income (Investigation Commission) Act, 1947, i.e., Act XXX of 1947, have become void from the date of the commencement of the Constitution of India by reason of Art. 14 of the Constitution? - Held that - Sub-s. (4) of s. 5 and the procedure prescribed by the impugned Act in so far as it affects the persons proceeded against under that sub-section being a piece of discriminatory legislation offends again....... + More

  • 1954 (4) TMI 4

    ... ...
    ... ... allow the appeal and answer the referred question in the affirmative. For reasons similar to those referred to in our judgment in that appeal each party must bear and pay his or its own costs both in this Court and in the High Court. Appeal allowed.

  • 1954 (4) TMI 3

    Whether on the facts of this case, income, profits and gains in respect of sales made to the Government of India was received in British India within the meaning of Section 4(1)(a) of the Act? - Held that - It can scarcely be suggested with any semblance of reasonable plausibility that cheques drawn in Delhi and actually received by post in Aundh would in the normal course of business be posted in some place outside British India. This Posting in....... + More

  • 1954 (4) TMI 2

    Whether under the terms of the agreement the petitioner is an employee of the Mills Company or is carrying on business ? - Whether the remuneration received from the Mills is on account of service or is the remuneration for business ? - Held that - All the factors taken into consideration along with the fixity of tenure, the nature of remuneration and the assignability of their rights, are sufficient to enable us to come to the conclusion that th....... + More

  • 1954 (4) TMI 1

    Whether the learned High Court Judges erred in importing any question of capacity in which the income is held by Ratilal, into the application of Section 16(1)(c)? - Held that - The provision in the settlement deed giving the income back to Ratilal, even if it be taken as a retransfer of the income, cannot be treated as such retransfer to the original settlor, viz., the Hindu undivided family. Hence the last portion of clause (c) of Section 16(1)....... + More

  • 1954 (2) TMI 1

    Whether on the facts and in the circumstances of this case is the surplus of ₹ 13,05,144 arising out of the sale of the plant and machinery of the sugar factory chargeable under Section 10(2)(vii) ? - Held that - Even if the sale of the stock of sugar be regarded as carrying on of the business by the company and not a realisation of its assets with a view to winding up, the machinery or plant not being used during the accounting year at all....... + More

  • 1954 (1) TMI 1

    Whether Section 8(5) of the Act is to be regarded as providing the only remedy available to the aggrieved party and that it excludes altogether the remedy provided for under Article 226 of the Constitution? - Held that - For purposes of this case it is enough to state that the remedy provided for in Article 226 of the Constitution is a discretionary remedy and the High Court has always the discretion to refuse to grant any writ if it is satisfied....... + More

  • 1953 (12) TMI 4

    The jurisdiction of the Income-tax Officer, Special Survey Circle, Bangalore, to assess the appellant to income-tax and super-tax on his income accruing prior to 1st April, 1950, in the State of Mysore challenged - Held that - We find nothing in Article 277 of the Constitution to preclude Parliament making a law providing for the levy and collection of income-tax and super-tax under the Mysore Act through authorities appointed under the Indian In....... + More

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